Order 22 rule 10 implead as legal heir for decree holder
M Satyanarayana
(Querist) 20 March 2014
This query is : Resolved
Sir,
My father and myself are the cosharer and other side my sister is cosharer in a partition suit. After preliminary decree and pending final decree my father expired leaving behind his 1/3rd share. During life time my father prepared Registered Will in the name of his daughter-in-law for 1/3rd share excluding Son and Sister. My sister took objection while filing impleadment petition through Will. At this stage the Judge call my wife i.e. daughter-in-law of deceased cosharer for formal evidence for including as L.R.
When there is a Registered Will why the court wants to call the party when already chief examination in lieu of affidavit has been filed with copy of Registered WILL. How other party can cross question in the witness box pending final decree proceedings. Under what law can the other party cross examine the party pending final decree in a partition suit. What happens in a formal evidence when any document is introduced for claiming the share in the suit as L.R.
Please kindly advise.
MSN
ajay sethi
(Expert) 20 March 2014
merely because there is a registered will does not mean that will is genuine .
you need probate of will . it is judicial proof that will is genuine . it may be that your father was not of sound mind at time of preparation of will .
if judge has called your wife the principal beneficiary in the will to give formal evidence there is no harm in doing so . in examination in chief original will has to be produced not copy of the will .
Rajendra K Goyal
(Expert) 20 March 2014
Agree with the advise of expert ajay sethi ji.
